- Regulatory Utility Commissioners Seek Role in Development of EPA Climate Rules

- Excerpt from Alabama's New Sales Tax Exemption Procedure for Contractors and Subcontractors Beginning On January 1, 2014:

The Alabama legislature recently passed Act 2013-205 granting the Alabama Department of Revenue (ADOR) the authority to issue certifications of exemption to contractors for work on certain governmental construction projects. Beginning on January 1, 2014, general contractors and subcontractors may seek a certificate of exemption from ADOR for each work contract awarded on a tax exempt public works project. The certificate will exempt the contractor from sales and use taxes, which are normally levied for building materials, construction materials and other property that become part of the final project structure. To be eligible, the contractor must be licensed by the Alabama State Licensing Board and must account for the tax savings on all bids submissions. Accounting of Sales Tax Attachment to ABC Form C-3 is the proper form for documenting these taxes saving. If a bidding contractor fails to include this attachment in its bid, the bid will be deemed incomplete and non-responsive.

Alabama's New Sales Tax Exemption Procedure for Contractors and Subcontractors Beginning On January 1, 2014 The Alabama legislature recently passed Act 2013-205 granting the Alabama Department of Revenue (ADOR) the authority to issue certifications of exemption to contractors for work on certain governmental construction projects. Beginning on January 1, 2014, general contractors and subcontractors may seek a certificate of exemption from ADOR for each work contract awarded on a tax exempt public works project. The certificate will exempt the contractor from sales and use taxes, which are normally levied for building materials, construction materials and other property that become part of the final project structure. To be eligible, the contractor must be licensed by the Alabama State Licensing Board and must account for the tax savings on all bids submissions. Accounting of Sales Tax Attachment to ABC Form C-3 is the proper form for documenting these taxes saving. If a bidding contractor fails to include this attachment in its bid, the bid will be deemed incomplete and non-responsive. Click here to read the full alert. For more information, please contact Daniel L. Burkard at (251) 345-8220 or dburkard@burr.com. OSHA Combustible Dust Standard on the Horizon – What Every Industry Should Know Combustible dust, it is not the most glamorous of topics but it is an important one. Why is it important? It is important because between 1980 and 2005, combustible dust incidents claimed the lives of 119 workers and injured another 718. There is a common misconception that combustible dust hazards primarily affect the grain handling industry. That is simply untrue. Combustible dust hazards exist in many industries and manufacturing processes including: food (e.g., candy, starch, flour, feed), plastics, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, dyes, coal, metal (e.g., aluminum, chromium, iron, magnesium, and zinc), and fossil fuel power generation. The handling and processing of these materials can generate very small particles. These small particles are so light that they easily become airborne. Once airborne, the particles settle on surfaces, inside crevices, and even inside the ventilation system. It takes a little more than 1/32 of an inch of accumulation over five percent of a room’s surface area to create a combustible dust explosion hazard. If disturbed, the accumulation can create a potentially explosive dust cloud. Click here to read the full article. For more information, please contact Nicole F. Soto at (813) 367-5726 or nsoto@burr.com. It's Not the Heat, It's the Humidity When you live in Florida, you tend to hear that expression for far too many months of the year. Even during the winter, weather reports often include information on the “sun index” indicating the level of sunscreen you might need in order to survive your next trip to the local grocery store. Visitors from the southwest, where temperatures in July reached over 100 degrees, are quick to inform Floridians that it’s hot in Phoenix, “but it’s a dry heat.” Well, if you’re looking for things other than the weather to make you sweat, you might take a look at your company’s policy on whether or not a departing employee can go to work for a competitor. Presumably, your direct competitor will now reap the benefit of the many hours and significant financial commitment your business expended. And as a business owner, you might ask: “What can I do?” In many circumstances, your best business move is to protect your businesses’ interests with a carefully crafted non-competition agreement. Click here to read the full article. For more information, please contact Peter C. Vilmos at (407) 540-6622 or pvilmos@burr.com. Alabama Court of Appeals Reiterates the Strict Requirements for Filing a Proper Materialman Lien In a recent Alabama Civil Circuit Court of Appeals (“Court of Appeals”) decision, Gunther v. Carpet Systems of Huntsville, Inc., 2013 WL 5496178 (Ala. Civ. App. Oct. 4, 2013), the Court of Appeals highlighted the notice provision required to assert a materialman lien against the owner of a project. Specifically, the Court of Appeals noted that a contractor or subcontractor, providing supplies for a project, must give written notice to the owner of its services, including the price term, prior to furnishing the supplies to the project. Gunther, 2013 WL 5496178 at *7. Failure to give this notice to the owner prior to providing the supplies for the project, will render the materialman lien defective and unenforceab le. Having problems view ing or printing this new sletter? Click here. December 19, 2013 Click here to read the full article. For more information, please contact Atoyia A. Scott or Daniel L. Burkard. Regulatory Utility Commissioners Seek Role in Development of EPA Climate Rules In June, President Obama directed the U.S. Environmental Protection Agency ("EPA") to propose standards regulating greenhouse gas emissions (“GHG”) from existing power plants. The requirements would be imposed under Section 111(d) of the Federal Clean Air Act. Under the directive, the EPA is to propose such standards no later than June 2014 using a process that would require individual states to submit plans no later than June 30, 2016, explaining to the EPA how the states will implement those standards. The prospect of these regulations is expected to focus directly on the use of coal as a fuel for electric power generation. The President’s June directive to EPA included an instruction that EPA work closely with the states, which “will play a central role” in the process of implementation of GHG regulations. Click here to read the full article. For more information, please contact Ron Farley at (205) 458-5185 or rfarley@burr.com. FIRM NEWS 50 Burr Practices Earn Top Ranking by U.S. News and Best Lawyers Burr & Forman is pleased to announce that the firm has been recognized in the 2014 edition of U.S. News – Best Lawyers’ “Best Law Firms”. The firm earned the highest “Tier 1” metropolitan ranking in 50 practice areas in markets throughout its Southeastern footprint. The firm also earned “Tier 2” and “Tier 3” metropolitan rankings in an additional 50 practice areas in their respective markets, as well as nine national rankings. The rankings are derived from a combination of Burr's impressive client feedback and the high regard that lawyers in other firms in the same practice area have for Burr. The full list of honorees is available at www.usnews.com/bestlawfirms. Burr Welcomes Two Associates to the Firm's Litigation Section Burr & Forman is pleased to announce that Ryan Hebson and Gregory Gidus have joined the firm as associates in the firm's Litigation Section. Previously an associate at Alston & Bird LLP, Hebson joins Burr’s Financial Services practice group in Birmingham. Hebson’s primary practice focuses on consumer financial services litigation, including representing clients in both individual and class/mass actions, involving a wide array of state common law and statutory claims, as well as alleged violations of federal statutes. Hebson is a member of the Alabama and Georgia State Bar Associations. He received his undergraduate degree from Samford University and his law degree from Tulane. Gidus joins the firm’s Torts, Insurance and Product Liability practice in Tampa with a focus on insurance coverage. Gidus previously served as an extern for the Honorable L. Clayton Roberts in Florida’s First District Court of Appeal. He was a law clerk with Bryant Miller Olive, P.A. and Hopping Green & Sams, P.A in Tallahassee, Fla. Gidus is a member of the Hillsborough County Bar Association. He received his undergraduate and law degrees from Florida State University. Burr Partners Named Among 2013 Mid-South Super Lawyers and Rising Stars Burr & Forman is pleased to announce that five of its partners have been listed among 2013 Mid-South Super Lawyers and Rising Stars. Jackson-based partner Cheri T. Gatlin is recognized for her work in Business Litigation. Nashville-based partner Darlene T. Marsh is recognized for her Bankruptcy work and James M. "Jim" McCarten is honored in the Estate & Probate area. In addition, Bradley B. "Brad" Vance, a partner in Burr & Forman’s Jackson office, is included among the publication’s “Rising Stars” for his Business Litigation work as well as Nashville-based partner, David W. Houston, IV for Business/Corporate law. Burr Hosts Orange Center Elementary School Chorus in Orlando Office Burr & Forman welcomed students from the Orange Center Elementary School chorus to its Orlando office on November 19.The students, many of whom had never been in a downtown building, were given a tour of the SunTrust Tower before performing several holiday songs for the attorneys and staff. Following the performance, Denise Dell-Powell, a partner with the firm, presented a $2,500 holiday donation to Orange Center Elementary School in honor of the firm’s clients. Santa Claus also made an appearance, presenting the students with books donated by Houghton Mifflin Harcourt, one of the world’s largest providers of pre-K – 12 education solutions and longest-established publishing houses. The visit concluded with holiday treats and a small reception for the students, attorneys and staff. The visit from Orange Center Elementary School is a part of the firm’s ongoing commitment to Central Florida’s education programs. Burr has partnered with Houghton Mifflin Harcourt to donate books to the entire student body at Orange Center Elementary School – in addition to the books donated during the Orlando office visit. The books will be presented to the school later in the holiday season. Click here to see coverage from the Orlando Business Journal. BURR & FORMAN BLOGSSUCCEEDING IN SUCCESSION CONSUMER FINANCE LITIGATION ENVIRONMENTAL LAW MATTERS NON-COMPETE & TRADE SECRETS SECURITIES LITIGATION & ARBITRATION TCPA ADDENDUM Regional Headlines Atlanta Beltline Board Approves Strategic Implementation Plan Florida's Housing Sector Expected to Continue Growing in 2014 Nashville to Build Minor League Stadium on Old Downtown Ballpark With Bankruptcy Behind, Jefferson County Hopeful For New Projects Construction Boom Continues in Tallahassee National Headlines Construction Spending Seeing Solid Gains in 2013 October Building Permits Hit Highest Level Since 2008 Cities Tear Down Buildings Instead of Rebuilding to Reduce Blight "Green" Building Revolution May Have Reached Tipping Point Builders Beginning to Cater More to Renters Burr & Forman LLP is a century old, full-service law firm with a forward-thinking approach to providing legal solutions. We have nearly 300 attorneys and offices in Alabama, Florida, Georgia, Mississippi and Tennessee. Burr & Forman offers a wide range of business and litigation services to diverse clients with local, national, and international interests. Burr & Forman Construction E-Note is a quarterly e-mail service provided by Burr & Forman LLP. The physical address for correspondence related to this newsletter is: 171 17th Street, NW, Suite 1100, Atlanta, GA 30363. (404) 815-3000. You are subscribed as: Questions about this newsletter? Send an e-mail to bf_construction_new s@burr.com To subscribe to this newsletter, click here or send a blank e-mail to subscribe-burr-constrs@lists.ccClients.com. To unsubscribe from this newsletter, To recommend this newsletter to a colleague, click here. Please note: This electronic newsletter is provided to clients and friends of Burr & Forman. The information described is general in nature, and may not apply to your specific situation. 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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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